Rachel Rodman

Partner, Washington, DC

Biography

Overview

Rachel is a Partner in the Firm's Global White Collar / Investigations Practice, where she focuses on defending fintechs, banks, and other financial institutions in investigations and enforcement actions by federal and state financial regulators. Rachel also handles sensitive internal investigations and civil litigation, including consumer protection class actions, for these same clients. Her matters often present novel questions of statutory interpretation. She therefore has significant experience in administrative law and procedure, constitutional litigation, and cases challenging the scope of executive agency authority.

Fintechs, financial institutions, and their boards of directors regularly seek Rachel's advice on risk and compliance with federal and state consumer financial services law. Clients say she is "extremely intelligent" and has "super strong writing and oral advocacy skills." Rachel frequently publishes and speaks on legal issues important to the financial services industry and has been featured in The New York Times, American Banker, and the National Law Journal.

Rachel previously served as senior counsel in the Consumer Financial Protection Bureau Legal Division, where she represented the agency in trial and appellate proceedings and advised agency leadership. Further, Rachel served as an enforcement attorney in the CFPB's Division of Supervision, Enforcement & Fair Lending, where she led investigations of banks and nonbanks involving a wide variety of consumer financial products and services. Rachel served as lead counsel in several of the agency's major settlements with banks and mortgage companies.

Prior to joining White & Case, Rachel led the Fintech Enforcement and Litigation practice at a global law firm.
 

Bars and Courts
District of Columbia
Virginia
US District Court for the District of Columbia
US District Court for the Eastern District of Virginia
US Court of Appeals for the Third Circuit
US Court of Appeals for the Fourth Circuit
Education
JD
University of Virginia School of Law
BA
Colgate University
Languages
English

Experience

Rachel's investigations and enforcement experience includes:

  • Defending banks, nonbanks, and fintechs in response to supervisory actions and bet-the- company enforcement actions by the CFPB, including representing a large bank in an investigation and supervisory examinations by the CFPB and OCC related to sales practices;*
  • Representing board of directors of a financial institution in an internal investigation of a whistleblower complaint and related regulatory inquiries;*
  • Representing public company in a civil action by the Securities and Exchange Commission alleging violations of Sections 10(b) and 13(b) of the Exchange Act;*
  • Representing bank service provider in civil litigation by a state financial regulator involving novel issues of federal preemption and state licensing laws;*
  • Defending non-bank company in an investigation by multiple state Attorneys General relating to an offering of ancillary financial products to consumers;*

Rachel's class action experience includes:

  • Defending the CEO of a tribal lending company in multiple putative nationwide class actions alleging RICO violations and that consumer loans were illegal under state law;*
  • Defending reseller of consumer reports in nationwide class action alleging violations of the Fair Credit Reporting Act involving OFAC’s Specially-Designated Nationals List;*

Rachel's administrative and constitutional law experience includes:

  • Representing leading trade association in the Third Circuit as amicus curiae in CFPB v. NCSLT, et al., which presents an issue of first impression regarding the scope of the CFPB’s enforcement authority;*
  • Representing banking trade association in federal district court and the Third Circuit in First Amendment litigation challenging state campaign finance restrictions on banks;*
  • Advising numerous clients on questions of agency authority under a variety of federal statutes, including Title X of the Dodd-Frank Act, HERA, and the Exchange Act.*

*Matters prior to joining White & Case
 

Awards and Recognition

Recognized in the practice of Finance - Financial Services Regulation by The Legal 500 US, 2023

Recognized in the practice of Dispute Resolution - Corporate Investigations and White-Collar Defense by The Legal 500 US, 2023

Lawdragon 2024 500 Leading Litigators in America

Member, Law360 2023 Fintech Editorial Advisory Board